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News & Analysis In the Courts Volume 51, Issue 6

Center for Biological Diversity v. Bernhardt

51 ELR 20068
2:20-CV-1812 JCM (NJK) (D. Nev., April 2021)
A district court granted in part and denied in part BLM's and FWS' motion to dismiss a lawsuit over an environmental group's petition to list a rare wildflower species in Nevada as endangered.

Western Watersheds Project v. U.S. Sheep Experiment Station

51 ELR 20067
1:19-cv-00065-REB (D. Idaho, April 2021)
A magistrate judge granted in part and denied in part environmental groups' motion for summary judgment in a challenge to USDA's decision to allow sheep used for its research service to graze in the Centennial Mountains.

Ksanka Kupaqa Xa’ⱡȼin v. United States Fish and Wildlife Service

51 ELR 20065
19-20-M-DWM (D. Mont., April 2021)
A district court vacated and remanded FWS' and the Forest Service's approval of the first phase of a proposed copper and silver mine beneath the Cabinet Mountains Wilderness.

Sierra Club v. BP Products North America Inc.

51 ELR 20064
2:19-CV-337-PPS-JEM (N.D. Ind., April 2021)
A district court adopted a magistrate judge's recommendation and granted an environmental group's motion for partial summary judgment in a lawsuit concerning particulate matter emissions violations at an oil refinery in Indiana.

Martinez v. Chicago, City of

51 ELR 20066
20-cv-6252 (N.D. Ill., April 2021)
A district court denied plaintiffs' motion to preliminarily enjoin the city of Chicago from issuing any permits or approvals in connection with the relocation of a recycling facility from the north side to the southeast side of the city.

Natural Resources Defense Council v. McCarthy

51 ELR 20063
20-4064 (10th Cir., April 2021)
The Tenth Circuit affirmed dismissal of a challenge to BLM's decision not to conduct an environmental analysis before re-opening an area in Utah that it had temporarily closed to off-highway vehicles.

California v. Environmental Protection Agency

51 ELR 20062
21-1035 (D.C. Cir., April 2021)
The D.C. Circuit granted the Biden Administration's motion to voluntarily vacate and remand the Trump Administration's 2021 rule limiting facilities that the U.S. government could regulate for greenhouse gas emissions.

Environmental Defense Fund v. Environmental Protection Agency

51 ELR 20061
19-1222 (D.C. Cir., April 2021)
The D.C. Circuit granted the Biden Administration's motion to voluntarily vacate and remand the Trump Administration's 2019 rule delaying implementation of an Obama-era regulation governing landfill emissions.

New York, City of v. Chevron Corp.

51 ELR 20058
18-2188 (2d Cir., April 2021)
The Second Circuit affirmed dismissal of a lawsuit seeking damages from oil companies for harms caused by climate change.

Florida v. Georgia

51 ELR 20059
142, Orig. (U.S., April 2021)
The U.S. Supreme Court, in an ongoing dispute between Florida and Georgia over the apportionment of the Apalachicola-Chattahoochee-Flint River Basin's waters, agreed unanimously with a special master's latest recommendation on remand that Florida's request for a cap on Georgia's consumption of water from the Flint River be denied, and dismissed the suit.